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REPORT AND RECOMMENDATION of the Magistrate Judge that: 1) The 8 MOTION to Dismiss filed by the dfts be GRANTED to the extent the dfts seek dismissal of this case due to the plf's failure to properly exhaust an administrative remedy currently available to him at the Elmore County Jail; 2) This case be DISMISSED without prejudice pursuant to the provisions of 42 U.S.C. § 1997e(a) for the plf's failure to exhaust an administrative remedy presently available to him at the Elmore County Jail; Objections to R&R due by 3/4/2010. Signed by Honorable Wallace Capel, Jr on 2/19/2010. (wcl, )

ORDER granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk at Elmore County Jail. Signed by Honorable Wallace Capel, Jr on 12/18/2009. (wcl, )

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